Idaho Court of Appeals to hear arguments

Editor's note: This story has been updated to reflect the correct dates cases will be heard: Tuesday, March 10, and Wednesday, March 11.

The Idaho Court of Appeals will listen to oral arguments in two appeals from court decisions in Nez Perce County, a case from Benewah County and a case from Kootenai County in Moscow Tuesday and Wednesday at 9 a.m. and 10:30 a.m. each day.

The University of Idaho College of Law will host Idaho’s second highest court at its Menard Law Building Courtroom. Oral arguments are open to the public.

Oral arguments will be heard by Court of Appeals Chief Judge Molly J. Huskey, Judge David W. Gratton, Judge Jessica M. Lorello, and Judge Amanda K. Brailsford on a docket of cases with issues pertaining to a DUI stop, the division of marital assets, whether a sentence for reckless driving was excessive, and whether a mother’s disability should be considered in a child welfare case.

Gary Alan Wilson v. Jennifer Amy Wilson

Before Gary Wilson and Jennifer Wilson were married, they bought a home. Gary Wilson contributed about $35,000 for the down payment on the home, but Jennifer Wilson purchased the home in her name only. The mortgage lender required Gary Wilson to execute a gift letter for the money he contributed to the purchase.

The home was deeded to Jennifer Wilson, and only she signed both the deed of trust and the mortgage documents. After the couple married, Jennifer Wilson refinanced the home and Gary Wilson signed a quit claim deed that conveyed any interest he had in the home to Jennifer Wilson as her sole and separate property.

Gary Wilson appeals 2nd District Judge Jeff M. Brudie’s affirmation of a Nez Perce County Magistrate Court decision made by now retired Nez Perce County Magistrate Judge Kent J. Merica. Merica concluded any equity that arose from the funds Gary Wilson provided was Jennifer Wilson’s property. The court awarded the home to Jennifer Wilson.

Gary Wilson’s appeal says the magistrate court failed to award him an equitable lien against the home. Gary Wilson is also challenging the magistrate’s ruling that his 401(k) retirement account is community property.

The case will be argued Tuesday at 10:30 a.m. Robert J. Van Idour represents Gary Wilson in the case and Sarah A. McDowell-Lamont represents Jennifer Wilson in the case. Both attorneys are from Lewiston.

State of Idaho, Department of Health and Welfare v. Jane Doe (2019-42)

A mother of six children appeals the termination of her parental rights from the Nez Perce County Magistrate Court of the 2nd Judicial District in a case decided by Nez Perce County Magistrate Judge Michelle Evans.

The children were placed in the Department of Health and Welfare’s custody after they were declared to be in imminent danger. After five review hearings, a permanency hearing was held a year later. Because of the mother’s lack of progress the permanency goals were changed from reunification to termination. A trial was held in magistrate court and the mother’s parental rights were terminated.

The court determined the mother neglected her children under three statutory definitions of neglect and termination of parental rights were in the children’s best interest.

The mother argued on appeal that the magistrate court erred by not considering her disabilities, which she argues made the case plan impossible for her to complete. The mother also argues the magistrate court’s findings are not supported by substantial and competent evidence.

The case will be argued Wednesday at 10:30 a.m. Joanna M. McFarland, of Lewiston’s McFarland Law Office will argue the case for the mother in the case, and Idaho Attorney General Lawrence G. Wasden and Deputy Attorney General Floyd L.E. Swanton, both of Boise, will argue the case for the Department of Health and Welfare. Anthony C. Anegon, of Lewiston, is the guardian ad litem in the case representing the interests of the children.

State of Idaho v. Patrick Lawrence Grom

Grom failed to use a traffic signal and was pulled over by police. Officers suspected Grom was intoxicated and Grom asked to contact his attorney, but his request was denied by an officer. He was taken to a hospital, but the officer’s attempts to collect breath samples from Grom failed and a blood draw was taken instead.

Grom was charged with a DUI and resisting or obstructing an officer, both misdemeanors. Grom filed a motion to suppress evidence, which was denied by Kootenai County Magistrate Judge Timothy Van Valin. The denial was affirmed by 1st District Judge Richard S. Christensen.

Grom’s appeal argues the district court was wrong to affirm the magistrate’s order to deny the motion to suppress because his constitutional rights were violated by the officers not allowing Grom to contact his attorney in a reasonable amount of time during his arrest.

Grom’s appeal also argues Idaho’s implied consent statute is unconstitutional. The State of Idaho will argue that the delay contacting Grom’s attorney was Grom’s fault and that Grom failed to preserve on appeal his argument about Idaho’s implied consent statute and that the argument lacks merit.

Grom is represented by Douglas Phelps, a Spokane attorney. The State of Idaho is represented by Wasden and Deputy Attorney General Ted S. Tollefson, of Boise.

The case will be argued at 9 a.m. Tuesday.

State of Idaho v. Denise A. Gottlieb

Gottlieb appeals a sentence handed down by Benewah County 1st District Judge Scott Wayman in a misdemeanor case where Gottlieb pleaded guilty to reckless driving during a plea agreement in which the state agreed to dismiss an aggravated assault charge.

Gottlieb saw her neighbor’s car parked on a gravel road and approached at a high rate of speed. Gottlieb swerved toward the car, spraying it with gravel. The action caused the neighbor and another person to fear Gottlieb was going to hit them with her vehicle.

Gottlieb was charged with aggravated assault and the misdemeanor reckless driving and the state recommended a one year sentence of unsupervised probation and a $500 fine while dropping the aggravated assault charge in exchange for Gottlieb’s guilty plea.

Wayman sentenced Gottlieb to the maximum sentence of 180 days in jail and a $1,000 fine. Gottlieb argues the sentence was excessive.

Gottlieb never reported to serve her sentence and the 1st District Court has issued a bench warrant for her arrest, which remains outstanding. Because of the outstanding warrant, the state says Gottlieb is a fugitive from justice who is not entitled to the resources of the court’s appellate process and the case should be dismissed.

The case will be argued Wednesday morning at 9 a.m. Wasden and Deputy Attorney General Lori A. Fleming, of Boise, will argue for the state. Craig W. Zanetti of Coeur d’Alene’s Amendola Doty & Brumley, PLLC will argue the appeal for Gottlieb.

The Menard Law School is located at 711 S. Rayburn St., in Moscow. Parking permits are required. To acquire a parking permit from the University of Idaho go to https://www.uidaho.edu/infrastructure/parking/visitors-community.

Wells may be contacted at mwells@lmtribune.com or (208) 848-2275.